NATIONAL POPULATION COMMISSION ACT ARRANGEMENT OF SECTIONS PART I Establishment and composition of the National Population Commission SECTION I. Establishment of the Commission. 2. Composition of the Commission. 3. Qualification for membership. 4. Tenure of office of members. 5. Removal of member and cessation of membership. PART II Functions and powers of the Commission 6. Functions and powers of the Commission. 7. Autonomy and independence of the Commission in performing its statutory functions. 8. Proceedings of the Commission. PART III Organisation and staff 9. Appointment, etc., of the Director-General of the Commission. 10.Appointment of principal officers of the Commission. II. Power of the Commission to appoint, etc., staff. 11. Establishment of State offices of the Commission. 12. Special provisions as regards personnel. 13. Pensions. PART lv Financial provisions and reports 15. Establishment of a fund by the Commission. 16. Accounts and audit. 17. Annual reports. PART V Offences and penalties 18. Prohibition of debate of census and other population figures without authority. 19. Penalty for falsifying returns. 20. Unlawful disclosure and failure to furnish information lawfully requested.
SECTION 21. Penalties for failure to furnish information. 22. Penalties in respect of information or unlawful obstruction during census. 23. Penalty for destruction of document. 24. Offences by body corporate or firm. 25. Jurisdiction. PART VI Power of the Commission to enter premises 26. Power of the Commission to enter premises. PART VII Report of census by the Commission 27. Report of census by the Commission. PART VllI Establishment of Census Tribunals 28. Establishment and membership of Census Tribunals. PART IX Transfer of assets, liabilities and staff of the National Population Bureau 29. Transfer of assets, liabilities and staff of the Bureau. PART X Miscellaneous and supplemental 30. Oath of secrecy. 31. Power to make regulations. 32. Interpretation. 33. Short title. SCHEDULES FIRST SCHEDULE Proceedings of the Commission SECOND SCHEDULE Oath of Secrecy THIRD SCHEDULE Procedure for the Census Tribunal Appendix
NATIONAL POPULATION COMMISSION ACT An Act to establish the National Population Commission as an independent and autonomous body to conduct regular censuses and also to provide for the composition of the Commission, tenure of office of members and other related matters. [1989 No. 23.] [Commencement.] [1 st April, 1988] PART I Establishment and composition of the National Population Commission 1. Establishment of the Commission There is hereby established for the Federal Republic of Nigeria, a commission to be known as the National Population Commission (hereafter in this Act referred to as "the Commission") which, under that name, shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name, and whose members shall exercise the functions specified in this Act. 2. Composition of the Commission The Commission shall comprise the following members- a chairman; and one person from each State of the Federation and the Federal Capital Territory, Abuja, who shall be appointed by the President, after consultation with the Council of State and such appointment shall be subject to confirmation by the Senate. 3. Qualification for membership (1) No person shall be qualified for appointment as a member of the Commission, if within the preceding ten years, he has been removed from service as the holder of any office on the ground of misconduct. (2) Any person employed in the public service of the Federation shall not be disqualified for appointment as chairman or member of the Commission: Provided that where that person has been duly appointed he shall, on his appointment, be deemed to have resigned or where appropriate, withdrawn or retired from his former office as from the date of the appointment. 4. Tenure of office of members Subject to the provisions of section 5 of this Act, a member of the Commission shall hold office for a period of five years, from the date of his appointment as a member.
5. Removal of member and cessation of membership (I) A member of the Commission may only be removed from that office by the President for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct or for dereliction of duty. (2) The chairman and other members of the Commission, shall cease to hold office if the President declares a national census report to be unreliable and the report is rejected in accordance with the provisions of section 27 of this Act. PART II Functions and powers of the Commission 6. Functions and powers of the Commission (I) The Commission shall- (c) (d) (e) (j) (g) (h) (i) (j) undertake the enumeration of the population of Nigeria periodically, through censuses, sample surveys or otherwise; establish and maintain a machinery for continuous and universal registration of births and deaths, throughout the Federation; prepare and maintain a national framework, including locality list and housenumbering, for the delineation exercise for census and sample surveys in each local government area in Nigeria; [1991 No. 31.] collect, collate and publish data on migration statistics; research and monitor the national population policy and set up a national population information data bank; arrange for the appointment and training of enumerators and all other categories of staff of the Commission; provide information and data on population for purposes of facilitating national planning and economic development; advise the President on population matters; disseminate information and educate the general public about the functions of the Commission under this Act; do all such things as may be considered by the Commission to be necessary, desirable, expedient, supplementary or incidental to the performance of the functions or the exercise of the powers conferred on the Commission under this Act. (2) For the purposes of this Act "local government area" includes Area Councils of the Federal Capital Territory, Abuja. [1991 No. 31.]
7. Autonomy and independence of the Commission in performing its statutory functions The Commission shall be an independent and autonomous body and shall not be subject to the direction or control of any other authority or person, in the performance of its functions under this Act and, in particular- (c) (d) in appointing, training or arranging for the training of enumerators or other staff of the Commission to assist it in the conduct of any population census; in deciding whether or not to accept or revise the return of any officer of the Commission concerning the population census in any area or any part of Nigeria; in carrying out the operation of conducting the census; and in compiling its report of a national census for publication. 8. Proceedings of the Commission The provisions of the First Schedule to this Act, shall apply with respect to the proceedings of the Commission and the other matters provided therein. [First Schedule.] PART III Organisation and staff 9. Appointment, etc., of Director-General of the Commission (1) There shall be appointed by the President for the Commission, a Director- General, who shall carry out the duties specified in subsection (2) of this section and perform such other duties, as may be directed by the Commission, from time to time. [1991 No. 31.] (2) The Director-General shall- (c) (d) (e) (f) (g) be the accounting officer and the professional and administrative head of the Commission; [1999 No. 16.] co-ordinate the professional and administrati ve functions of the Commission; assist the chairman in ensuring that all the rules and regulations relating to the management of the human material and financial resources of the Commission, are adhered to in accordance with the objectives of the Federal Government; [1999 No. 16.] be responsible for the implementation of the decisions of the Commission; contribute to policy recommendations meant for the attention of the chairman of the Commission; ensure compliance with the performance and efficiency targets set for every department in the Commission; evaluate the annual performance of Directors;
(h) perform any other functions as the chairman or the Commission may, from time to time, assign to him. [1991 No. 31.] 10. Appointment of principal officers of the Commission (I) The Commission shall appoint the following other principal officers, that is- the secretary to the Commission; and the directors. [1991 No. 31.] (2) The secretary to the Commission shall be a public officer of the rank of Director and shall perform the following duties- (c) (d) preparing minutes of meetings of the Commission; keeping and securing records of the Commission as may be directed by the chairman; heading the Commission's secretariat; performing such other functions as may be determined, from time to time, by the chairman or the Commission. [1991 No. 31.] (3) The Commission may appoint such number of directors, as the President may approve, to be heads of departments in the Commission. [1991 No. 31.] 11. Power of the Commission to appoint, etc., staff The Commission shall have the power to appoint, promote and discipline staff, in accordance with the provisions of the Civil Service (Re-organisation) Act and other rules and circulars appertaining to the appointment, promotion and discipline of officers and employees in the civil service of the Federation. [1991 No. 31.] 12. Establishment of State offices of the Commission (I) There shall be established for each State of the Federation and for the Federal Capital Territory, Abuja, an office of the Commission, to be headed by a deputy Director. [1991 No. 31.] (2) There shall also be established in each local government area of every. State, a local office of the Commission to be headed by a Comptroller. 13. Special provisions as regards personnel (I) The Federal Government or a State Government may, on an application made to it by the Commission in that behalf, second to the Commission officers in the public service of the Federation or, as the case may be, of a State to assist the Commission in the discharge of its functions under this Act.
(2) The Commission may, if it deems it necessary to do so, and with the approval of the President, appoint persons not in the public service of the Federation to perform such duties as the Commission may, from time to time, direct. 14. Pensions (1) Service in the Commission shall be approved service for the purposes of the Pensions Act and, accordingly, officers and other persons employed in the Commission shall be entitled to pensions, gratuities and other retirement benefits, as are prescribed thereunder. [Cap. P4.] (2) Nothing in this section shall prevent the appointment of a person on a temporary basis or to any office in the Commission on terms and conditions which preclude the grant of a pension or gratuity in respect of service in that office. (3) For the purposes of the application of the provisions of the Pensions Act, any power exercisable thereunder by a Minister or other authority of the Government of the Federation, other than the power to make regulations under section 23 thereof, is hereby vested in and shall be exercisable by the Commission and not by any other person or authority. PART IV Financial provisions and reports 15. Establishment of a fund by the Commission (1) The Commission shall establish and maintain a fund, consisting of such moneys, as may in each year be appropriated by the Federal Government, for the purpose of the Commission. (2) The Commission shall defray from the fund established pursuant to subsection (1) of this section, all moneys payable under or in pursuance of this Act, being sums representing- (c) (d) (e) amounts payable to the chairman and other members of the Commission (including allowances); costs of employment of staff of the Commission; amounts payable as pensions, gratuities and other retirement benefits under or pursuant to this Act or any other enactment; costs of acquisition and upkeep of premises, belonging to the Commission and any other capital expenditure of the Commission; and any other payment for anything incidental to the foregoing provisions or in connection with or incidental to any other function of the Commission under or pursuant to this Act. [1999 No. 16.]
16. Accounts and audit (I) The Director-General of the Commission shall, before 30 September in each year, cause to be prepared an estimate of recurrent and capital expenditure and, when approved by the Commission, the estimates shall be forwarded for approval by the Federal Government. [1999 No. 16.] (2) The director in charge of the Finance and Supply Department of the Commission shall keep proper accounts and proper records in relation thereto, under the direction and control of the Director-General. [1999 No. 16.] (3) The accounts of the Commission shall be audited annually by an auditor appointed by the Commission from the list and in accordance with guidelines supplied by the Auditor- General for the Federation. 17. Annual reports (I) In addition to any other report prescribed under this Act, the Commission shall prepare and submit to the President not later than 31 December in each year, a report on the activities of the Commission during the immediately preceding year, and shall include in that report, a copy of the audited accounts of the Commission for that year and the auditor's report thereon. (2) The Commission may, with the approval of the President, from time to time, publish general reports of its activities, for sale to members of the public. PARTY Offences and penalties 18. Prohibition of debate of census and other population figures without authority It shall not be lawful for any State Government to debate, discuss or deal with, or require the State office or any staff of the Commission to release to the State Government, population figures (or matters relating thereto) of the State in question, without the authority in writing of the Commission and any person who without such approval- (c) communicates or releases any information concerning population figures of a State to the State Government or members thereof; or tables for discussion at a meeting of the State Government the population figures of the State; or treats, engages in or takes part in debating the population figures of the State, at a meeting of the State Government, is guilty of an offence under this section and is liable on conviction to imprisonment for a term of not less than five years without the option of a fine. 19. Penalty for falsifying returns Any person employed for any of the purposes of this Act who-
makes or signs or causes to be made or signed any return or document of whatever nature required for the purposes of this Act, which he knows to be false or untrue in any material particular; or (c) enters in any return or document any information or statement, which he knows to be false or untrue in any material particular; or counterfeits any seal or stamp of the Commission or signature or initial or other mark of any other person authorised by the Commission to certify any return or document, is guilty of an offence under this section and liable on conviction to a fine of ten thousand naira or to imprisonment for a term of three years or to both such fine and imprisonment. 20. Unlawful disclosure and failure to furnish information lawfully requested (1) Any person, being a person employed for any of the purposes of this Act, who without lawful authority, publishes or communicates to any person, otherwise than in the ordinary course of his duties, any information acquired by him in the course of his duties, is guilty of an offence under this section and liable on conviction to a fine of ten thousand naira or to imprisonment for a term of three years or to both such fine and imprisonment. (2) Any person, being in possession of any information which to his knowledge has been disclosed in contravention of this Act, or who publishes or communicates such information to any person, is guilty of an offence under this section and liable on conviction to a fine of ten thousand naira or imprisonment for a term of three years or to both such fine and imprisonment. (3) Any person who, in the execution of any other purpose or duty under this Act, fails to comply with or contravenes any other term or condition of his oath, is guilty of an offence under this section and liable on conviction to a fine of ten thousand naira or to imprisonment for a term of three years or to both such fine and imprisonment. 21. Penalties for failure to furnish information (1) Any person who is required to furnish information, estimates, returns or particulars under this Act and who fails to do so, is guilty of an offence under this section and liable on conviction to a fine of five hundred naira or imprisonment for six months, or to both such fine and imprisonment, but it shall be a defence for any person charged with failure to furnish information, estimates, returns or particulars under this Act, to prove that he did not know and had no reasonable means of knowing that he was required to furnish that information or those estimates, returns or particulars or that he had other reasonable excuse for such failure. (2) Any person who, after conviction in respect of an offence under subsection (1) of this section, continues to fail to comply with the provisions of the subsection, is guilty of a further offence and liable on conviction to be punished for the offence. (3) Any person who, in purported compliance with a requirement to furnish information, estimates, returns or particulars under this Act, knowingly or recklessly makes any statement in such information, estimates, returns or particulars which is false in any material particular, is guilty of an offence under this subsection and liable on conviction to a fine of one thousand naira or to imprisonment for a term of twelve months or to both such fine and imprisonment.
22. Penalties in respect of information or unlawful obstruction during census (I) Any person who during the compilation of any national census or during any enumeration exercise carried on by the Commission under this Act- knowingly presents himself to any person employed for the purpose of this Act for counting more than once or misleads any such person employed as aforesaid into counting him more than once; or aids, abets, counsels or procures any person to do any act referred to in paragraph of this subsection, is guilty of an offence under this subsection and liable on conviction to a fine of ten thousand naira or imprisonment for a term of three years or to both such fine and imprisonment. (2) Any person who during the compilation of any national census or during any enumeration exercise carried on by the Commission under this Act- knowingly refuses to present himself for counting before a person employed for that purpose under this Act or refuses to get his thumb dubbed with indelible ink after such counting; or obliterates or removes or attempts to obliterate or remove any indelible ink dubbed on his thumb during the enumeration period, is guilty of an offence under this subsection and liable on conviction to a fine of five hundred naira or to imprisonment for a term of six months or to both such fine and imprisonment. (3) Any person who at any time before or during the compilation of any national census or during any enumeration exercise carried on by the Commission under this Act- causes or procures any other person to leave the place at which such other person ordinarily resides for another place, with intent that such other person may be counted at the place to which he thereby moves; or organises or takes part in organising or otherwise brings about the movement of any group or persons from such place or places at which such persons ordinarily reside for another place, with intent that such persons may be counted at the place to which they thereby move, is guilty of an offence under this subsection and liable on conviction to a fine of one thousand naira or to imprisonment for a term of twelve months or to both such fine and imprisonment. 23. Penalty for destruction of document Any person who wilfully and without lawful authority destroys, defaces or mutilates any form, notice or other document containing information obtained in pursuance of the provisions of this Act or destroys, obliterates, alters or damages any sticker containing the number of the house pasted on the premises for the purposes of the census or other surveys, is guilty of an offence under this section and liable on conviction to a fine of ten thousand naira or to imprisonment for a term of three years or to both such fine and imprisonment.
24. Offences by body corporate or firm (1) Where an offence under the provisions of this Act is committed by- a body corporate, every director and officer of that body corporate is liable on conviction to a fine of five hundred naira each or to imprisonment for a term not exceeding six months or to both such fine and imprisonment; a firm, every partner is deemed jointly and severally liable on conviction, to a fine of two thousand naira each or to imprisonment for a term not exceeding eighteen months or to both such fine and imprisonment. (2) A person shall not be guilty of an offence under this section if he can prove that the offence was committed without his knowledge, consent or connivance, and that having regard to all circumstances, he exercised all due care and diligence to prevent the commission of the offence. 25. Jurisdiction Any offence under this Act shall be triable by the Federal High Court. PART VI Power of the Commission to enter premises 26. Power of the Commission to enter premises (1) Any person authorised by the Commission in writing, upon production if required of his authorisation, may, for any purpose connected with the taking of a census or any enumeration of persons, enter within the hours specified by the Commission or any other reasonable time, any premises where persons are employed, or, subject to the provisions of subsection (2) of this section, any dwelling-house, and may there make such inquiries as may be deemed necessary, for the performance of his duties under this Act. (2) Every person occupying any land, house, enclosure, vessel or other place, shall allow any person duly authorised by the Commission to have access in accordance with this section. (3) Any person who hinders or obstructs any person duly authorised by the Commission in the execution of the power conferred by this section or who does not comply with this section, is guilty of an offence under this section and liable on conviction to a fine of five hundred naira or to imprisonment for a term of six months or to both such fine and imprisonment. 27. Report of census by the Commission PART VII Report of census by the Commission (1) Any report of the Commission containing the population census after every census, shall be delivered to the President, by the chairman of the Commission.
(2) The President shall, within a period of thirty days after receipt of the report, lay copies of the report before the Council of State, which shall consider the report and advise the President, whether to accept or reject the report. (3) Where the Council of State advises the President to accept the report, the President shall accept the same and shall lay the report on the table of each House of the National Assembly. (4) When the President accepts such report and has laid on the table of each House of the National Assembly, he shall publish in the Federal Gazette of the Government of the Federation for public information. (5) When the Council of State advises the President to reject the report upon the ground that- the population census contained in the report is inaccurate; or the report is perverse, the President shall reject the report accordingly and no reliance shall be placed upon any such report by any authority or person or for any purpose whatsoever. PART VIII Establishment of Census Tribunals 28. Establishment and membership of Census Tribunals (I) There shall be established in designated centres, Census Tribunals to hear complaints and objections to census results, as they relate to specific local government areas or localities. [1991 No. 31.] (2) The Census Tribunals established by subsection (I) of this section shall consist of a chairman and two other members, who shall be persons of unquestionable integrity, who have not been involved in party politics. (3) The chairman shall be a person who has held office or is qualified to hold the office of a Judge of a High Court. (4) One of the members shall be a legal practitioner, who has been so qualified for a period of not less than five years and the other shall be a non-member of the legal profession. (5) The chairman and other members shall be appointed by the Chief Justice of Nigeria. (6) Where any complaint or objection is upheld by the Census Tribunal, the President may order a statistical verification or a recount of the particular area concerned, in order to correct the anomaly. [1991 No. 31.] (7) The rules of procedure to be adopted by the Census Tribunal in hearing complaints and objections to census results, shall be as set out in the Third Schedule to this Act. [1992 No. 26. Third Schedule.] (c) makes or signs or causes to be made or signed any return or document of whatever nature required for the purposes of this Act, which he knows to be false or untrue in any material particular; or enters in any return or document any information or statement, which he knows to be false or untrue in any material particular; or counterfeits any seal or stamp of the Commission or signature or initial or other mark of any other person authorised by the Commission to certify any return or document, is guilty of an offence under this section and liable on conviction to a fine of ten thousand naira or to imprisonment for a term of three years or to both such fine and imprisonment. 20. Unlawful disclosure and failure to furnish information lawfully requested (1) Any person, being a person employed for any of the purposes of this Act, who without lawful authority, publishes or communicates to any person, otherwise than in the ordinary course of his duties, any information acquired by him in the course of his duties, is guilty of an offence under this section and liable on conviction to a fine of ten thousand
naira or to imprisonment for a term of three years or to both such fine and imprisonment. (2) Any person, being in possession of any information which to his knowledge has been disclosed in contravention of this Act, or who publishes or communicates such information to any person, is guilty of an offence under this section and liable on conviction to a fine of ten thousand naira or imprisonment for a term of three years or to both such fine and imprisonment. (3) Any person who, in the execution of any other purpose or duty under this Act, fails to comply with or contravenes any other term or condition of his oath, is guilty of an offence under this section and liable on conviction to a fine of ten thousand naira or to imprisonment for a term of three years or to both such fine and imprisonment. 21. Penalties for failure to furnish information (1) Any person who is required to furnish information, estimates, returns or particulars under this Act and who fails to do so, is guilty of an offence under this section and liable on conviction to a fine of five hundred naira or imprisonment for six months, or to both such fine and imprisonment, but it shall be a defence for any person charged with failure to furnish information, estimates, returns or particulars under this Act, to prove that he did not know and had no reasonable means of knowing that he was required to furnish that information or those estimates, returns or particulars or that he had other reasonable excuse for such failure. (2) Any person who, after conviction in respect of an offence under subsection (1) of this section, continues to fail to comply with the provisions of the subsection, is guilty of a further offence and liable on conviction to be punished for the offence. (3) Any person who, in purported compliance with a requirement to furnish information, estimates, returns or particulars under this Act, knowingly or recklessly makes any statement in such information, estimates, returns or particulars which is false in any material particular, is guilty of an offence under this subsection and liable on conviction to a fine of one thousand naira or to imprisonment for a term of twelve months or to both such fine and imprisonment.
22. Penalties in respect of information or unlawful obstruction during census ( I) Any person who during the compilation of any national census or during any enumeration exercise carried on by the Commission under this Act- knowingly presents himself to any person employed for the purpose of this Act for counting more than once or misleads any such person employed as aforesaid into counting him more than once; or aids, abets, counsels or procures any person to do any act referred to in para-graph of this subsection, is guilty of an offence under this subsection and liable on conviction to a fine of ten thousand naira or imprisonment for a term of three years or to both such fine and imprisonment. (2) Any person who during the compilation of any national census or during any enumeration exercise carried on by the Commission under this Act- knowingly refuses to present himself for counting before a person employed for that purpose under this Act or refuses to get his thumb dubbed with indelible ink after such counting; or obliterates or removes or attempts to obliterate or remove any indelible ink dubbed on his thumb during the enumeration period, is guilty of an offence under this subsection and liable on conviction to a fine of five hundred naira or to imprisonment for a term of six months or to both such fine and imprisonment. (3) Any person who at any time before or during the compilation of any national census or during any enumeration exercise carried on by the Commission under this Act- causes or procures any other person to leave the place at which such other person ordinarily resides for another place, with intent that such other person may be counted at the place to which he thereby moves; or organises or takes part in organising or otherwise brings about the movement of any group or persons from such place or places at which such persons ordinarily reside for another place, with intent that such persons may be counted at the place to which they thereby move, is guilty of an offence under this subsection and liable on conviction to a fine of one thousand naira or to imprisonment for a term of twelve months or to both such tine and imprisonment. 23. Penalty for destruction of document Any person who wilfully and without lawful authority destroys, defaces or mutilates any form, notice or other document containing information obtained in pursuance of the provisions of this Act or destroys, obliterates, alters or damages any sticker containing the number of the house pasted on the premises for the purposes of the census or other surveys, is guilty of an offence under this section and liable on conviction to a tine of ten thousand naira or to imprisonment for a term of three years or to both such fine and imprisonment.
24. Offences by body corporate or firm (l) Where an offence under the provisions of this Act is committed by- a body corporate, every director and officer of that body corporate is liable on conviction to a fine of five hundred naira each or to imprisonment for a term not exceeding six months or to both such fine and imprisonment; a firm, every partner is deemed jointly and severally liable on conviction, to a fine of two thousand naira each or to imprisonment for a term not exceeding eighteen months or to both such fine and imprisonment. (2) A person shall not be guilty of an offence under this section if he can prove that the offence was committed without his knowledge, consent or connivance, and that having regard to all circumstances, he exercised all due care and diligence to prevent the commission of the offence. 25. Jurisdiction Any offence under this Act shall be triable by the Federal High Court. PART VI Power of the Commission to enter premises 26. Power of the Commission to enter premises (1) Any person authorised by the Commission in writing, upon production if required of his authorisation, may, for any purpose connected with the taking of a census or any enumeration of persons, enter within the hours specified by the Commission or any other reasonable time, any premises where persons are employed, or, subject to the provisions of subsection (2) of this section, any dwelling-house, and may there make such inquiries as may be deemed necessary, for the performance of his duties under this Act. (2) Every person occupying any land, house, enclosure, vessel or other place, shall allow any person duly authorised by the Commission to have access in accordance with this section. (3) Any person who hinders or obstructs any person duly authorised by the Commission in the execution of the power conferred by this section or who does not comply with this section, is guilty of an offence under this section and liable on conviction to a fine of five hundred naira or to imprisonment for a term of six months or to both such fine and imprisonment. 27. Report of census by the Commission PART VII Report of census by the Commission (1) Any report of the Commission containing the population census after every census, shall be delivered to the President, by the chairman of the Commission.
(2) The President shall, within a period of thirty days after receipt of the report, lay copies of the report before the Council of State, which shall consider the report and advise the President, whether to accept or reject the report. (3) Where the Council of State advises the President to accept the report, the President shall accept the same and shall lay the report on the table of each House of the National Assembly. (4) When the President accepts such report and has laid on the table of each House of the National Assembly, he shall publish in the Federal Gazette of the Government of the Federation for public information. (5) When the Council of State advises the President to reject the report upon the ground that- the population census contained in the report is inaccurate; or the report is perverse, the President shall reject the report accordingly and no reliance shall be placed upon any such report by any authority or person or for any purpose whatsoever. PART VIII Establishment of Census Tribunals 28. Establishment and membership of Census Tribunals (I) There shall be established in designated centres, Census Tribunals to hear complaints and objections to census results, as they relate to specific local government areas or localities. [1991 No. 31.] (2) The Census Tribunals established by subsection (I) of this section shall consist of a chairman and two other members, who shall be persons of unquestionable integrity, who have not been involved in party politics. (3) The chairman shall be a person who has held office or is qualified to hold the office of a Judge of a High Court. (4) One of the members shall be a legal practitioner, who has been so qualified for a period of not less than five years and the other shall be a non-member of the legal profession. (5) The chairman and other members shall be appointed by the Chief Justice of Nigeria. (6) Where any complaint or objection is upheld by the Census Tribunal, the President may order a statistical verification or a recount of the particular area concerned, in order to correct the anomaly. [1991 No. 31.] (7) The rules of procedure to be adopted by the Census Tribunal in hearing complaints and objections to census results, shall be as set out in the Third Schedule to this Act. [1992 No. 26. Third Schedule.]
PART IX Transfer of assets, liabilities and staff of the National Population Bureau 29. Transfer of assets, liabilities and staff of the Bureau (1) The organisation known officially as the National Population Bureau (in this Act referred to as "the Bureau") is hereby dissolved. (2) By virtue of this Act and without further assurance, there shall be vested in the Commission all assets, funds, resources and other movable and immovable property which immediately before the commencement of this Act were vested in or were in the possession or under the control of the Bureau. (3) The rights, interests, obligations and liabilities of the Bureau existing before the commencement of this Act under any contract or instrument, or in law or in equity apart from any contract or instrument, shall by virtue of this Act be assigned to and vested in the Commission established by this Act. (4) Any such contract or instrument as is mentioned in subsection (2) of this section shall be of the same force and effect against or in favour of the Commission established by this Act and shall be enforceable as fully and effectively as if instead of the Bureau the Commission established by this Act has been named therein or had been a party thereto. (5) The Commission shall be subject to all the obligations and liabilities to which the Bureau was subject immediately before the commencement of this Act and all other persons shall have the same rights, powers and remedies against the Commission as they had against the Bureau immediately before the commencement of this Act. (6) Any proceedings or cause of action pending or existing immediately before the commencement of this Act by or against the Bureau in respect of any right, interest, obligation or liability of the Bureau may be continued or, as the case may be, commenced and any determination of a court of law, tribunal or other authority or person may be enforced by or against the Commission to the same extent that such proceedings, cause of action or determination might have been continued, commenced or enforced by or against the Bureau as if this Act had not been made. (7) Notwithstanding the dissolution of the Bureau by subsection (I) of this section, if the Commission thinks it is expedient that any vacancy in the Commission should be filled by a person holding office immediately before the commencement of this Act in the Bureau, it may employ such person by way of transfer to the Commission and the previous service in the Bureau by such person shall count as service for the purposes of any pension subsequently payable by the Commission. 30. Oath of secrecy PART X Miscellaneous and supplemental (1) A person appointed a member of the Commission, shall not enter upon the duties of his office, unless he has taken and subscribed to the Oath of Allegiance, prescribed in
the Seventh Schedule to the Constitution of the Federal Republic of Nigeria 1999 and the Oath of Secrecy set out in the Second Schedule to this Act. [Second Schedule. Cap. C23.] (2) Every member of staff of the Commission employed in the execution of any power or duty under this Act shall, before entering upon his duties, make and subscribe an oath before a magistrate, in the form set out in the Second Schedule to this Act. 31. Power to make regulations The Commission, with the approval of the President, may make regulations generally for the purposes of carrying out or giving full effect to the provisions of this Act and prescribe the fees to be paid for any service rendered by the Commission or for any document issued by the Commission, in relation to the performance of its functions under this Act. 32. Interpretation In this Act, unless the context otherwise requires- "Bureau" means the organisation officially known as the National Population Bureau, established administratively by the Federal Government; "chairman" means the chairman of the Commission, appointed under section 2 of this Act; "Commission" means the Commission establ ished under section I of this Act; "functions" includes powers and duties; "member" used in relation to the Commission, includes the chairman; "public service of the Federation" and "public service of a State" have the meanings assigned to them respectively, in subsection (1) of section 318 of the Constitution of the Federal Republic of Nigeria 1999; [Cap. C23.] "secretary" means the secretary of the Commission, appointed under section 10 of this Act. 33. Short title This Act may be cited as the National Population Commission Act. SCHEDULES FIRST SCHEDULE [Section 8.] Proceedings of the Commission 1. The Commission may make standing orders regulating the proceedings of the Commission or of any committee thereof.
2. The quorum of the Commission shall be five and the quorum of any committee of the Commission shall be determined by the Commission. 3. At any time while the office of the chairman is vacant or the chairman is in the opinion of the Commission, temporarily or permanently unable to perform the functions of his office, the President shall appoint a member of the Commission to perform those functions and references in this Schedule to the chairman, shall be construed accordingly. 4. (1) Subject to the provisions of any applicable standing orders, the Commission shall meet whenever summoned by the chairman; and if the chairman is required so to do by notice given to him by not less than three other members, he shall summon a meeting of the Commission to be held within 21 days from the date on which the notice is given. (2) At any meeting of the Commission, the chairman or, in his absence, any member duly appointed by the Commission, shall preside at that meeting. (3) Where the Commission wishes to obtain the advice of any person on a particular matter, the Commission may co-opt him as a member for such period as it thinks fit, but a person who is a member by virtue of this sub-paragraph, shall not be entitled to vote at any meeting of the Commission and shall not count towards a quorum. 5. (1) The Commission may appoint one or more committees to carry out, on behalf of the Commission, such of its functions as the Commission may determine. (2) A committee appointed under this paragraph, shall consist of the number of persons determined by the Commission and not more than one-third of those persons may be persons who are not members of the Commission; and a person other than a member of the Commission, shall hold office on the committee in accordance with the terms of the instrument by which he is appointed. (3) A decision of a committee of the Commission, shall be of no effect, until it is confirmed by the Commission. 6. The fixing of the seal of the Commission shall be authenticated by the signature of the chairman or of some other member authorised generally or specially by the Commission, to act for that purpose by the Commission. [Section 30 (l ).] SECOND SCHEDULE Oath of secrecy I,... do swear that I will faithfully and honestly fulfil my duties as... in conformity with the requirements of the National Population Commission Act and that save as provided in that Act, I will not disclose or make known any matter or thing which comes to my knowledge by reason of my employment by the Commission.
THIRD SCHEDULE [Section 28.] Procedure for the Census Tribunal [1992 No. 26.] 1. Interpretation In this Schedule, unless the context otherwise requires-- "census result" includes provisional census result; "Civil Procedure Rules" means the High Court (Civil Procedure) Rules or rules of court amending or replacing those Rules; "Commission" means the National Population Commission; "complaint" includes objection; "complainant" includes any person objecting to a census result; "Registry" means the Registry of the Census Tribunal; "secretary" means the secretary in charge of the Registry, or if he is absent, the senior clerk present at the Registry; "Tribunal" means the Census Tribunal; "Tribunal notice board" means a notice board at the Registry and, where notice of hearing is being or has been given, a notice board at the place of the hearing. 2. Time for presentation A complaint to a census result shall be presented within six months after the date on which the census result is released. 3. Security for costs (I) At the time of presenting the complaint, the complainant shall give security for all costs which may become payable by him to any witness summoned on his behalf or to any respondent. (2) The security shall be of such amount not exceeding N5,OOO, as the Tribunal may order and shall be given by depositing the amount in the Tribunal. (3) Where two or more persons join in the complaint, a deposit of the said amount shall be sufficient. (4) If no security is given as required by this section, there shall be no further proceedings on a complaint. 4. Presentation of complaints (I) The presentation of a complaint shall be made by the complainant (or complainants, if more than one) leaving it in person, or by the hand of the solicitor (if any) named at the foot of the complaint, with the secretary, and the secretary shall (if so required), give a receipt which may be in Form A in the Appendix to this Schedule. [Form A.] (2) There shall also be left with the secretary, a copy of the complaint for each respondent and seven other copies thereof. (3) The secretary shall compare each copy of the complaint left in accordance with subparagraph (2) of this paragraph, with the original complaint and shall, upon being satisfied by such comparison that it is a true copy thereof, certify it to be so.
(4) The complainant or his solicitor shall, at the time of presenting the complaint, pay the fees for its service and publication, and for certifying the copies, and in default of such a payment, the complaint shall not be received, unless the Tribunal otherwise. orders. 5. Contents of complaint (1) A complaint shall- specify the right of the complainant to present the complaint (for example, that he is a citizen of Nigeria and resides in Nigeria and where the complaint is in respect of the census result of a particular State or local government area, that he resides in or is an indigene of the State or local government area); state the holding and result of the census; and (c) briefly state the facts and grounds relied upon to sustain the complaint. (2) The complaint shall be divided into paragraphs each of which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consequently and no costs shall be allowed for drawing up or copying any complaint not substantially in compliance with this provision, unless the Tribunal otherwise orders. (3) The complaint shall conclude with a request as for instance, that the census results of the Federation or any part thereof may be declared void, and shall be signed by the complainant (or all the complainants, if more than one) or by the solicitor (if any), named at the foot of the complaint. (4) There shall be stated at the foot of the complaint, an address for service within 5 kilometres of a post office in the judicial division, and the name of its occupier, at which address, documents intended for the complainant may be left. (5) If an address for service and its occupier are not stated, the complaint shall not be filed, unless the Tribunal otherwise orders. (6) There shall be added at the foot of the complaint, a note signed by the complainant, giving the name of his solicitor, if any, or stating that he acts for himself, as the case may be. (7) The form set out in Form B in the Appendix to this Schedule or one to the like effect, shall be sufficient for the purpose of the complaint. [Form B.] 6. Further particulars Evidence need not be stated in the complaint, but the Tribunal may order such particulars as may be necessary, to prevent surprise and unnecessary expense and to ensure a fair and effectual hearing in the same way as in a civil action in the High Court, and upon such terms as to costs and otherwise, as may be ordered. 7. Address for service For the purpose of service of the complaint on the respondent, the complainant shall furnish the secretary with the address of the respondent's abode or the address of a place where personal service can be effected on the respondent. 8. Action by secretary (1) Upon the presentation of a complaint and payment of the requisite fees, the secretary shall forthwith- cause notice in Form C in the Appendix to this Schedule, of the presentation of the complaint and a certified copy of the complaint, to be served on the respondent; [Form C.]
post up on the Tribunal notice board, a certified copy of the complaint; (c) send a certificate copy of the complaint by registered post or messenger to the person or authority to whom it is required by law that the determination of the complaint shall be certified. (2) In the notice of presentation of the complaint, the secretary shall state a time, not being less than five days or more than fifteen days, after the date of service of the notice, within which the respondent is to enter an appearance. (3) In fixing such time, the secretary shall have regard to the necessity for securing a speedy hearing of the complaint, and to the distance from the secretary of the address furnished under paragraph 5 of this Schedule. 9. Service (I) Subject to sub-paragraphs (2) and (3) of this paragraph, service on the respondent of the documents mentioned in sub-paragraph (I) of paragraph 8 of this Schedule and of any other documents required to be served on him before entering an appearance, shall be personal. (2) Where the complainant has furnished under paragraph 7 of this Schedule the address of a place where personal service can be effected on the respondent, and the respondent cannot be found at that place, the Tribunal on being satisfied upon an application supported by an affidavit showing what has been done, that all reasonable efforts have been made to effect personal service, may order that service of any document mentioned in sub-paragraph (I) of this paragraph, be effected in any of the ways mentioned in the relevant provisions of the Civil Procedure Rules or Civil Procedure Code for effecting substituted service in a civil case and such service shall be deemed to be equivalent to personal service. (3) The proceedings under the complaint shall not be vitiated by the fact that the respondent may not have been served personally or that any document of which substituted service has been effected pursuant to an order made under sub-paragraph (2) of this paragraph did not reach the respondent's hands; and in such circumstances as aforesaid, the proceedings may be heard and continued as if the respondent had been served personally with such document and shall be valid and effective for all purposes. 10. Entry of appearance (I) Where the respondent intends to oppose the complaint he shall-- within such time after being served or deemed to be served with the complaint as stated in the complaint; or where an order has been made under sub-paragraph (2) of paragraph 9 of this Schedule, within such other time (if any) as may be stated in that order, enter an appearance by filing in the Registry a memorandum of appearance in Form D in the Appendix to this Schedule, stating that he intends to oppose the complaint and giving the name and address of his solicitor, if any, or stating that he acts for himself, as the case may be, and in either case, giving an address for service within five kilometres of a post office in the judicial division and the name of its occupier, at which documents intended for the respondent may be left. [Form D.] (2) If an address for service and its occupier are not stated, the memorandum shall not be filed, unless the Tribunal otherwise orders. (3) The memorandum of appearance shall be signed by the respondent, but may be filed by his solicitor, if any.